Supes to Decide in Debate Over Chisel Run

Friday, January 21, 2011

The developer at Chisel Run says there are 14 units left to be built in the development, but James City County’s zoning administrator says there are only two. On Tuesday, county Supervisors will consider the issue.

In March last year, a representative for Bush Development Corporation asked Zoning Administrator Melissa Brown to clarify how many developable units were left in the subdivision, with the assumption the number was 14. Brown said there were only two.

According to the developer, in the 1983 rezoning and related proffers, Section 2 of the property wasn’t included in the proffer. There are 12 buildable units left in Section 2, the developer asserts, and two in the other sections.

Brown believes the language in the proffer includes Section 2 in the 239-unit limit.

She also points out that staff at the time said the total development density would be four units per acre, the upper limit in the zoning district.

The developer appealed Brown’s decision to the Board of Zoning Appeals, which ruled that her decision was an interpretation of a proffer, not a zoning ordinance, and therefore it was not a decision for the BZA, but rather for supervisors.

The developer plans to let Habitat for Humanity build up to seven units in the neighborhood once a decision is reached on how many units are still available.

At their Tuesday meeting, supervisors will hold a public hearing on the matter.

Other business

The board has several public hearings scheduled for Tuesday evening, including one on a planned Tractor Supply Company in Norge and Jamestown High School’s proposed auxiliary gym.

The board will also consider awarding a $1.3 million contract to David A. Nice Builders to construct an interpretive center in Freedom Park. The center would provide space for historic interpretation of the property, meeting space and rest room facilities along with needed parking and stormwater facilities.

The board will meet at 7 p.m. Tuesday in Building F of the County Government Complex on Mounts Bay Road.